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Messages - Blaz

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1
Happy New Year all!

Well, I must say I never expected this but my formal appeal was accepted.

I wonder what they're on about about 'being unable to retrieve important information'.

Probably realized a) they cocked up, b) I won't go down without a fight and dropped it?

I might politely enquire at some point since I do plan to use that very same spot for parking in the future.

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2
I see, thank you for your explanation.

If I'm getting this right, they've actually stated this in their reply to my informal appeal but cited it as grounds for issuing the ticket because I double parked:

'In any road designated as a restricted street the complete width of the street, from the building line on either side of the street, is included in the restriction. It is therefore a contravention to ‘Double Park’ in any part of the street, whether adjacent to vehicles parked on yellow lines or in any form of parking bay or place.'

I'll post the appeal as above. I'm expecting rejection no matter what I write since it's the same party reviewing it. Then I'm counting on the impartial review at the tribunals to work in my favour.

3
OK great, thank you, Neil.

I'll fix the issues as you suggested and submit the same appeal for both.

Yes, speak later when it gets rejected (comforting to know we've got a perfectly functional and predictable system here ::).

4
Hmm, not sure. Was really just being curious.

I think the CEO judged that I blocked the Prius in (ie. I double parked it - not the case, since he managed to get out for school run and back in that morning). That's why they slapped Contravention code 26 on, since it's also known as Double parking. We'll just forget the fact that I was within 50cm of the kerb to make it fit. Or maybe I should have been within 50cm to the far kerb on the right? Maybe to all the kerbs in the postcode simultaneously?  :)

Anyways, back to productive focus - my draft:

I would like to appeal this PCN on the basis that the contravention did not occur.

I am alleged to have parked more than 50 centimetres from the kerb. You will see from CEOs and my photographs that my car was parked perpendicular to the kerb, which is not prohibited, and is well within the 50 cm from the kerb with its rear bumper.

Your reply to my informal representation introduced a fresh allegation that I was double parked. However, the layout of this piece of ground clearly shows it is designated for multi-vehicle parking for the residential properties, with vehicles next to one another, and the only relevant kerb is the one I am up against with the rear bumper. There is no offence in parking perpendicular to the kerb, which is all I did.

I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge.


I plan to use the same for both PCNs, unless there are any grounds against them issue another PCN at 5:11, following the 1st at 22:35? Probably not, since it's technically the next day?

Again, grateful for your input on this!





5
Yes, there's a sign 'Permit holders parking only past this point Mon-Fri 10am-2pm' and I do have a permit.


Curious, how does this play a role in my case?

6
Hi Neil,

Please don't worry and hope it all goes well.

Looking at it with a fresh mind this morning, I feel I need to rewrite it completely. Quoting regulations will just rub them the wrong way.

7
OK, that's all separated into folders per PNs and my photos. Can be found here:
https://www.dropbox.com/scl/fo/mo550rgn68rfpn67xclvy/ACGZkjH-YiJQ6wUD3OeC3n0?rlkey=pluxsknl09mr0d8hr64ta2xqd&st=73yzl0us&dl=0

Looking at the streetview my car was parked on the red square to the left of the silver Vauxhall (see attached).

Thanks for looking!

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8
Hi all,
Received the NTOs today for both PCNs (attached).

Would appreciate your input on my formal appeal draft:

According to Traffic Management Act 2004, Part 6, Section 85: In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.
As can be clearly seen from the evidence (CEO's photos and my attached photos) my vehicle was parked adjacent to the kerb with its rear bumper and well within the 50 cm limit, therefore the alleged contravention did not occur.
I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge Notice.

Version 2 of last paragraph (probably 'too much')
Statutory guidance for local authorities in England on civil enforcement of parking contraventions states it is in the interests of the authority and the vehicle owner to resolve any dispute at the earliest possible stage. Therefore given the evidence clearly shows the contravention didn't occur I request you give this matter a fresh and impartial consideration and cancel this Parking Notice Charge.

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Thanks Neil!

I will try and find you here when I receive the NtO.

10
Thanks Neil!

After receiving the input here, I feel reassured I'm not going mad and will take this further.

I'm curious about how the process will go from here.

I understand after 2 weeks they will issue me an NTO and I can then make a formal representation.

Is this with a written appeal again? What arguments should I state? Just simply say: 'My car was less then 50cm from the kerb. See photo.'?

Sorry, silly questions, but everything just seems so Kafkaesque. Yeah, welcome to Newham. I've lived here for more than 10 years and parked my car in the exact same spot during that time. And one night - a double whammy.  ???

'I'm happy to represent you at tribunal if it gets that far (and probably will)'

So you think this formal representation will be rejected as well and then I have to go to a tribunal.

What happens there? Do I need to hire someone to represent me?

Sorry, question overload - you guys have been tremendously helpful and I really appreciate it!

11

'I would wait for the NTOs for both.'

   Will do!


'Are you the registered keeper and is the v5C logbook address correct.'

  Yes to both.


'As this high stakes - £260 - wait for other views but the second one cannot stand whatever.'

  Thank you, you've been very helpful!

Yes, any other views on this are welcome and much appreciated.  :)

12
'Be careful as if Newham can get a tow truck in there they'll whip your car off to the pound...'


Look at the times - 22:35 and 5:11. I was unconscious.

I do get what you mean. I moved it as soon as I saw the ticket of course.

13
Ahh sorry missed it - it's also in the Dropbox now.

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14
Sorry.....literally at the same time as Incandescent. Didn't see.

Thanks to both!

15
Thank you for getting back so quick!

So just to be clear - given they stated a wrong contravention code I should go ahead and make a formal representation?

Can they change the code to 24 post factum? Even then, as you can see from the photos there are no lines indicating parking bays on the entire street.

My understanding is that they are saying I double parked - my layman's interpretation of 'double parked' is that I blocked another vehicle from moving out of the parking space. Is that even the issue here or is it actually just down to the 50 cm?

It baffles me if that's the case as even after 'I have carefully considered your comments...' they still insist it's more than half a metre  ???  from the kerb and reject the appeal.

What's going on here?

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